Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

The burden of proving incompetency or misconduct shall rest upon the party alleging the same. [S13, §1056-a16; C24, 27, 31, 35, 39, § 1164; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §70.7 ] C93, §35C.7

Nothing in this chapter shall be construed to apply to the position of private secretary or deputy of any official or department, or to any person holding a strictly confidential relation to the appointing officer. [S13, §1056-a16; C24, 27, 31, 35, 39, § 1165; C46, 50, 54, 58, 62…

1. The department of workforce development, in coordination with the department of administrative services, shall establish a clearinghouse for the purpose of providing information to the state, political subdivisions of the state, and veterans who are citizens and residents of t…

1. The Iowa veterans home, located in Marshalltown, shall be maintained as a long-term health care facility providing nursing and residential levels of care for honorably discharged veterans and their dependent spouses, surviving spouses of honorably discharged veterans, and gold…

Except as otherwise provided in chapter 249A and other provisions of this chapter , a member of the home who receives a pension or compensation and who has a spouse shall deposit with the department on receipt of the member’s pension or compensation check one-half of its amount, …

1. Pension money deposited with the department is not assignable for any purpose except as provided in section 35D.10 , or in accordance with subsection 2 of this section . 2. The department, if authorized by a member of the home and pursuant to policies adopted by the commission…

1. a. The Iowa veterans home, for the convenience of its members, may maintain a commercial account with a federally insured bank for the individual personal deposits of its members. The account shall be known as the Iowa veterans home membership account. The department shall rec…

1. Persons who are potential volunteers or volunteers in the Iowa veterans home in a position having direct individual contact with patients or residents of the home shall be subject to criminal history and child and dependent adult abuse record checks in accordance with this sec…

1. The commandant shall administer and enforce all rules adopted by the commission, including rules of discipline and, subject to these rules, may immediately suspend the membership of and discharge any person from the home for infraction of the rules when the department determin…

The department shall, biennially, make a full and detailed report to the governor, the commission, and the general assembly, showing the condition of the home, the number of members in the Iowa veterans home, the order and discipline enforced, and the needs of the home financiall…

1. The Iowa veterans home shall operate on the basis of a net appropriation from the general fund of the state. The appropriation amount shall be the net amount of state moneys projected to be needed for the Iowa veterans home for the fiscal year of the appropriation. The purpose…

1. Persons described in section 35D.1 who are disabled by disease, injury, or old age, and who meet the qualifications for nursing or residential care, and who are unable to earn a livelihood, and who are residents of the state of Iowa on the date of the application and immediate…

The commission shall adopt all the necessary rules, pursuant to chapter 17A , for the preservation of order and enforcement of discipline, the promotion of health and well-being of all the members and the management and control of the home and its grounds. [C97, §2602; C24, 27, 3…

1. When a married person is or becomes a member of the home, the spouse, if married to the person for at least one year and otherwise eligible under this chapter , may be admitted as a member of the home subject to the rules of the home. Veteran and spouse members may be permitte…

If a deceased veteran, who would be entitled to admission to the home if the deceased veteran were living, has left a surviving spouse, the spouse is entitled to admission to the home with the same rights, privileges, and benefits as if the veteran were living and a member of the…

1. Except as otherwise provided in chapter 249A and other provisions of this chapter , a member of the home who receives a pension, compensation, or gratuity from the United States government, or income from any source of more than one hundred forty dollars per month, shall contr…

A member of the home does not acquire residency in the county in which the home is located unless the member is voluntarily or involuntarily discharged from the home and the member meets county of residence requirements. For purposes of this section , “county of residence” means …

As used in this chapter unless the context otherwise provides: 1. “Agent Orange” means the herbicide composed primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic acid. 2. “Chemicals” means chemical defoliants, herbicides, or other causative agents, including but no…

1. For purposes of this section , “Vietnam herbicide” means a herbicide, defoliant, or other causative agent containing dioxin, including, but not limited to, Agent Orange, used in the Vietnam Conflict at any time between December 22, 1961, and May 7, 1975, inclusive. 2. a. Notwi…

The attorney general may represent veterans who may have been injured because of contact with chemicals, in an action for release of information relating to exposure to such causative agents during military service and release of the veterans’ medical records. 83 Acts, ch 141, §5…

Memorial buildings and monuments designed to commemorate the service rendered by soldiers, sailors, and marines of the United States may be erected and equipped at public expense in the manner provided by this chapter by: 1. Any county which has not heretofore made an appropriati…

1. Each commissioner, except for a memorial hospital commissioner, shall be a veteran, as defined in section 35.1 , and be a resident of the county in which the memorial hall or monument is located. Each commissioner for a memorial hospital shall be a resident of this state and r…

If a memorial hall or building is a city hall, coliseum, or auditorium, the mayor of the city may be an ex officio voting member of the commission created in section 37.9 . [C24, 27, 31, 35, 39, § 497; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §37.15 ] 95 Acts, ch 114, §2 …

All funds voted under the provisions of this chapter shall be disbursed by the county or city officers, only with the approval of the commission. However, the commission may adopt purchasing regulations to govern the purchase of specified goods and services without the prior appr…

Gifts and bequests to any county or city, or to the commission, for any of the purposes provided in this chapter , may be accepted and the property shall be used in accordance with the provisions of this chapter , and as may be expressly designated by the donor. [C24, 27, 31, 35,…

1. Any such memorial hall or building shall be given an appropriate name and shall be available so far as practical for the following purposes: a. The special accommodations of soldiers, sailors, marines, nurses, and other persons who have been in the military or naval service of…

The petition for the erection and equipment of any such hall or monument shall request the submission of the proposition to a vote of the people and shall: 1. When it is proposed to erect the same at the expense of the county, be signed by ten percent of the registered voters the…

1. In any case of funds heretofore raised or in the process of being raised, by tax levy or other provision of law heretofore existing, for any of the purposes provided by this chapter , the board of supervisors or the city council, as the case may be, shall cause such funds to b…

Any city may join with the county or township in which such city is located in the joint erection or purchase of memorial buildings or monuments and suitable ground and equipment therefor, and the maintenance thereof, providing the council of such city and the board of supervisor…

Whenever in any county, funds have been raised by taxation for the purpose of erecting and maintaining memorial buildings or monuments, and said funds are under control of a commission as provided in this chapter , and said funds have remained unexpended for a period of five year…

When such erection, purchase or improvement has been made, the commission shall take from the posts or chapters which are beneficiaries of such erection, purchase or improvement, the promissory obligation of such posts or chapters to repay the amount expended by the commission wi…

Funds not disbursed as provided in section 37.22 may be invested by said commission in such securities as are authorized by section 636.23 . [C31, 35, §502-c3; C39, § 502.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §37.24 ] Referred to in §37.26

All interest accumulations shall become part of the principal fund and all uninvested funds shall be kept on deposit with the county treasurer. [C31, 35, §502-c4; C39, § 502.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §37.25 ] Referred to in §37.26

For the purpose of carrying out the provisions of sections 37.22 through 37.25 , the commission shall have authority to receive and to convey title to real estate, to take mortgage or other security and to release or transfer the same. [C31, 35, §502-c5; C39, § 502.6; C46, 50, 54…

If a memorial building has been constructed for the purpose of a hospital pursuant to this chapter , additions for hospital purposes, and nursing homes to be operated in conjunction with the hospital may be erected or acquired by following the procedure outlined in chapter 347 an…

If the funds raised under this chapter are insufficient for any fiscal year to pay the principal and interest due in that year on bonds issued for hospital purposes under section 37.6 and to pay the expenses of the operation and maintenance of the hospital and any other hospital …

All tax anticipatory warrants shall be signed by the chairperson of the commission and attested by the auditor of a political subdivision which owns the hospital with the auditor’s official seal attached thereto, and dated as of the date of sale, and shall not be sold for less th…

Upon the filing of the requisite petition, the city council shall cause the proposition to be submitted at a regular election, or at a special election to be called if requested in the petition, in substantially the following form: Shall the city of ........................ erect…

All anticipatory warrants drawn under this chapter shall be numbered consecutively, be registered in the office of the treasurer of a political subdivision which owns the hospital and be subject to call in numerical order at any time when sufficient money derived from the tax lev…

Notice of the election shall be given by publication in one newspaper published or having general circulation in the city as provided in section 362.3 . The notice shall state the purpose of the memorial proposed as outlined in section 37.18 . [C97, §435; C24, 27, 31, 35, 39, § 4…

Bonds issued by a county for the purposes of this chapter shall be issued under sections 331.441 through 331.449 relating to general county purpose bonds. Bonds issued by a city shall be issued under sections 384.24 through 384.36 relating to general corporate purpose bonds of a …

For the development, operation, and maintenance of a building or monument constructed, purchased, or donated under this chapter , a city may utilize taxes levied under section 384.1 . [C24, 27, 31, 35, 39, § 490; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81 , S81, §37.8 ; 81 A…

1. When the proposition to erect a building or monument under this chapter has been carried by a majority vote, the board of supervisors or the city council, as the case may be, shall appoint a commission consisting of not less than five and not more than eleven members, in the m…

1. For purposes of this chapter , unless the context otherwise requires: a. “Department” means the Iowa department of veterans affairs. b. “Veteran” means a deceased person who served in the armed forces of the United States during a war in which the United States was engaged or …